2012+Jackson+v.+Cartwrigh

Mariah Cherry Megan Debo

Jackson vs. Cartwright Sch. Dist., 607 P.

Court of Appeals of Arizona, Division 1, Department A

Decided January 8, 1980 Background: On June 28, 1976, Una Jackson slipped and fell behind her husband while leaving a little league game at Cartwright Elementary School. Mr. and Mrs. Jackson had previously filed a complaint with the Safety Director of the little league saying the ramp exiting the field was too slick for people to walk on safely. The baseball fields are located on school property, however the school board was never notified of any complaint made by the Jackson’s.

Decision: Upon the decision of the case, some questions were called forth to establish which party the court was going to side with. It was founded that Mr. and Mrs. Jackson were aware of the ramp and the condition it was in as well as that the Little League was not held responsible for Mrs. Jackson’s fall since they were exerting their lessee rights when the accident happened. Lastly, the court found that the School District was responsible for the incident due to the landlord being held responsible for third party injuries and accidents.

Implication: This applies to educators that we are responsible for our students and have to be cautious and aware of anything going on in our classrooms. Any damages or injuries that occur during school hours to students, faculty, or guests within their classroom, the teacher will be held liable for it. This also pertains to reporting any kind of damages to school property, accidents that occur, or suspicious activity in or around the school.

Question: T/F Should schools be held accountable for accidents that occur on school grounds after school hours?

  125 Ariz. 98 (1980)

607 P.2d 975

Una JACKSON and Floyd Jackson, husband and wife, Appellants,

v.

CARTWRIGHT SCHOOL DISTRICT and Cartwright Little League, Inc., an Arizona Corporation, Appellees.

No. 1 CA-CIV 4139.

Court of Appeals of Arizona, Division 1, Department A.

January 8, 1980.

Rehearing Denied February 22, 1980.

Review Denied March 11, 1980.

By: Gabrielle Slay

Summary:

This court case is about a woman Una Jackson who slipped and fell on a ramp at her son's little league game at Cartwright Elementary. She never complained to any staff at Cartwright Elementary about any concerns of the ramp. It was said by others that the ramp was not dangerous when she used it, but the Jacksons said that it was. The questions in the case that were raised were:

1. Does the fact that the condition of the ramp was open and obvious preclude liability as a matter of law?

2. Was there a question of fact as to whether or not the ramp was unreasonably dangerous?

3. Was the ramp in violation of the code of the City of Phoenix?

4. Did the Little League have possession and/or control of the ramp so that it owed a duty to the appellants?

Mrs. Jackson knew the condition and the dangers of the ramp and still chose to use it. The ramp was not the only entrance and exit out of the park but the Jacksons wanted to use it in spite of the known dangers.

Decision:

The school was held liable for the injuries of Mrs. Jackson. The gravel on the ramp is what caused the fall and the school is responsible for the maintenence of their property. Even if the school lets the Little League use their property they are still liable for anything that happens on their grounds.

Implication:

This court case is a very good lesson for teachers to learn. Teachers must always be aware of what children are doing in their classroom. All precautions shold be taken so that no harm is done to anyone in their care. Being held liable for a student's injuries can be detremental to a school district in whole.

Question:

What precautions can be taken by teachers to insure that they're students are safe in the classroom? 